District of Columbia Statute of Limitations for Defective Product Claims
By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 15, 2024
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Statutes of limitations are laws determining the period to file a lawsuit following an event, such as medical malpractice. These laws aim to ensure the resolution of disputes within a reasonable time.
In the United States, each state and territory establishes its own statute of limitations for product liability cases. The District of Columbia product liability laws require manufacturers and retailers to include express and implied warranties for products they place into commerce.
Understanding Defective Products Claims
A cause of action for a defective product exists against all manufacturers and distributors that participated in placing a product into commerce. Let's consider an electric toothbrush that short-circuits when it gets wet. A consumer purchases the toothbrush in a big box store and suffers an injury while using the toothbrush. That consumer may have a cause of action for a defective product (the toothbrush) against the toothbrush manufacturer and, possibly, the distributor.
Defective product claims are tort claims that apply to civil cases where one party intentionally harms another. Battery is one example of a tort claim. Battery happens when one person intentionally touches another person without consent, intending to cause harm. Hitting someone is an example of battery.
Products Liability
Product liability is the area of law that covers defective products. Products introduced into the stream of commerce must meet the consumer's "ordinary expectations." Consumers can expect the items they buy to be safe and perform as expected. In the toothbrush example, the ordinary expectation is that it will not malfunction when the consumer brushes their teeth.
Defective Products Claims in the District of Columbia
The D.C. Code applies strict liability in most product liability cases. Strict liability is a legal standard in tort cases. In strict liability cases, the plaintiff/claimant does not have to prove intent; the defendant is liable for the injury or harm. Strict liability in products liability cases apply to inherently dangerous products.
What Is a Defective Product?
A defective product does not work as the manufacturer intended. Consider airbags in a motor vehicle. The purpose of airbags is to protect the driver and passengers in a vehicle accident. If the airbags do not deploy in a car accident, they don't work as the manufacturer intended. The driver or passenger can file a personal injury lawsuit if they suffer injuries.
Types of Defective Products
Three categories of defective products can lead to a products liability case. These categories include the following:
- Design defects — the product's design was inherently unsafe
- Manufacturing defects — the product became unsafe during the manufacturing process
- Marketing defects — the manufacturer did not give proper warnings or instructions for safe use
Statute of Limitations for Defective Product Claims
D.C. laws have a three-year statute of limitations for products liability cases. So, you have three years from the date of injury to file a personal injury claim. The injured party must bring their claim within the limitations period. If not, they risk the court dismissing their case.
The following table outlines the specifics of the District of Columbia's statute of limitations for defective products claims.
| Code sections | District of Columbia Official Code §12-301: Limitation of Time for Bringing Actions |
|---|---|
| What is a defective product? | Suppose it is reasonable to expect a person to use, consume, or be affected by a product, and that person gets injured when using it. In that case, a seller breaches the express or implied warranty of these products. Knowledge that the product was defective is not necessary. |
| Statute of limitations | Under D.C. law, an action to recover damages for a personal injury, including defective products, must begin within three years from the time the right to maintain the action begins. |
| When the clock starts | Generally, a cause of action starts to accrue under the District of Columbia statute of limitations laws when the right to maintain the cause of action happened. This can be when the injury happened or when the injury should have been discovered. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Get Legal Help
If you suffer injury from a defective product, you should speak with a lawyer with experience in product liability claims in Washington, D.C. They are experts and can offer sound legal advice. Speak to a personal injury attorney today.
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